Darul Iftaa Mahmudiyyah

Adultery (zina) in non-Muslim countries.

· 12 Dhuʻl-Qiʻdah 1421 AH1 min readFatwa 2238English

Question

A friend of mine says since Canada and U.S are non-muslim countries having intercourse with a non-muslim woman here is not zina for they can be construed as cariyahs.Is that true? He also says there is no hadith mentioning a zina occurrence between a muslim and non-muslim. secondly, is there any difference between committing zina with a muslim woman and non-muslim woman in terms of punishment

Answer

Your friend has committed a serious crime by commenting on a matter of Shari 'ah without knowledge. Rasulullah (Sallallaahu Alayhi Wasallam) said, 'Whosoever said anything about the Qur'aan without knowledge has erred.' (Muslim)

Adultery is strictly prohibited in the Qur'aan. The prohibition is general. It does not exclude committing adultery in a non-Muslim state or with a non-Muslim. The punishment of adultery being hundred lashes and pelting for a non-married and married person respectively can be applied only in an Islamic state under the authority of the Haakim (supreme ruler) or the Qaadhi (judge)

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

Answered by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/2238
Fatawa SA: https://fatawa.co.za/fatwa/askimam-2238

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